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UK and the UPC system: the state of play

25 August 2017

Alan Johnson

This article was first published in Managing Intellectual Property, August 2017.  Alan Johnson is asked for his opinion on the UK’s preparations for the UPC and unitary patent system, chances...

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Challenging the UPC opt-out – how exactly will it work?

16 June 2017

Alan Johnson and Luke Maunder

Patentees all over the world are currently considering whether all, some or none of their existing portfolio of European patents should be opted out of the forthcoming UPC system.  If...

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Double protection and forum shopping under Germany’s draft UPC legislation

21 March 2017

Peter Höcherl (Patentanwalt seconded to Bristows),  Annsley Merelle Ward  and  Nadine Bleach

Two draft bills have been passed by the Bundestag (German parliament) and have been submitted to the Bundesrat (Federal Council) for approval.  One bill makes it possible for Germany to...

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Countdown to the UPC

13 March 2017

Alan Johnson

This article was first published in the CIPA Journal, March 2017 Alan Johnson looks at the timetable to the predicted start date and whether there is still scope for more delays. Read...

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The arrival of the Unified Patent Court

24 February 2017

Alan Johnson

This article was first published on Lexis®PSL, February 2017. IP & IT analysis: It was recently announced that the Unified Patent Court (UPC) will open in December 2017. Alan Johnson, partner at Bristows, provides an update on...

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UPC - UK ratification

09 February 2017

Alan Johnson 

This article was first published in the CIPA Journal, January-February 2017 We now know that the UPC will go ahead – probably in mid to late 2017 – with the UK on...

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Unitary patents and the Unified Patent Court

02 February 2017

Alan Johnson

This article was first published on Lexis®PSL IP & IT, February 2017 (Produced in partnership with Bristows)  The UK government has confirmed it is proceeding with preparations to ratify the Unified Patent Court Agreement (see the...

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UPC to come into effect in 2017

28 November 2016

Alan Johnson

The announcement today that the UK will ratify the UPC Agreement is a major surprise because most observers had considered the prospects of the UK accepting the supremacy of EU...

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Opening Life Sciences’ Unified Patent Court war chest

12 October 2016

Vanessa Rieu and   Annsley Merelle Ward

  This article was first published in European Pharmaceutical Review, October 2016 The future role of the UK in the Unified Patent Court (UPC), if any, has been brought to the forefront as...

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Counsel's opinion on Brexit and UPC provides limited comfort

05 October 2016

Alan Johnson

The opinion of Richard Gordon QC and Tom Pascoe (here) has been widely reported as providing reassurance that there are no legal difficulties in the way of the UK participating...

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99 seconds on...BREXIT

20 June 2016

Luke Maunder

Three days remain until UK voters decide whether to stay in the EU. But how would either result affect the UPC? Luke Maunder has summed up the issue in the short video...

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UJUB’s UPC Opt-out Day

16 June 2016

Gregory Bacon

An Opt-out Day with a Mock Trial was organised to great success by UJUB* at MEDEF’s offices in Paris on 6 June 2016.  The purpose of the day was to...

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UPC: Preparing for the Sunrise Period

15 June 2016

Alan Johnson  and  Rachel Mumby

This article was first published in Who's Who Legal, June 2016 On the day that the Agreement on a Unified Patent Court (UPCA) comes into force, all designations of existing European patents...

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UK Implementation of the Unitary Patent and UPC

28 April 2016

Gregory Bacon

On 12 March 2016 the United Kingdom published secondary legislation1 (“the Order”) to amend existing primary legislation so as to give effect to the Unified Patent Court (UPC) Agreement and the...

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The UPC IT's Coming

23 March 2016

Luke Maunder

We are now entering the home stretch, with the three final meetings of the UPC Preparatory Committee due to take place in April, May and June 2016, and the Court...

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Threatened changes result in justified concern

03 March 2016

Claire Phipps-Jones

The government has accepted the Law Commission’s recommendations for reforming the unjustified threats provisions relating to intellectual property rights, but Claire Phipps-Jones explains that issues still remain with how such...

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No fee to opt out of the UPC

01 March 2016

Katie Hutchinson

At the end of last week it was announced that there will be no fee payable to opt a European patent out of the UPC system or to later withdraw...

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Tricky valuations, complex discounts, and false ceilings – the Report of the UPC Preparatory Committee on court fees and recoverable costs

29 February 2016

Claire Phipps-Jones

On 26 February the Preparatory Committee announced the outcome of its last meeting which took place on the 24-25 February 2016, at which the Rules on Court fees and recoverable...

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Justified changes

13 January 2016

Steven Willis

A recent update to the UK unjustified threats law was essential in light of the imminent Unified Patent Court, explains Steven Willis. On 13 October 2015, the Law Commission published its final report of...

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The Opt-Out – is there basis for a fee?

22 July 2015

Benedikt Migdal

Many users are unhappy at the prospect of paying a fee to avoid their patents being litigated in the UPC. It is argued that it is "unfair" to have to...

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SPCs and the UPC: Current Status

20 May 2015

Laura Reynolds

One immensely important aspect of the new UPC system will be its applicability to supplementary protection certificates.  There are two separate issues to consider:  first, SPCs based on existing and...

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Consultation on UPC court fees, opt-out fees and recovery of costs

15 May 2015

Alex May

On 8 May 2015, the UPC Preparatory Committee published its Consultation Document containing the proposed fees for litigating in, and opting out of, the UPC and a proposed scale of...

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The UK General Election and the UPC

08 May 2015

Alan Johnson

Prime Minister David Cameron, as part of the Conservative manifesto, promised an in/out referendum on the UK’s continued membership of the European Union by 2017.  There is obviously a whole...

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UPC Rules of Procedure - the opt out regime - 12 July 2013

05 March 2015

Alan JohnsonJames BoonPhilip WestmacottRichard Pinckney

The Preparatory Committee, in the Q&A section of its website, states that “applicants or proprietors of one single application for a European patent or one single European patent (emphasis added)...

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Preparing for the UPC

13 January 2015

Richard Pinckney

On 10 and 12 December, Bristows chaired panels at the Managing Intellectual Property European Patent Reform Forum USA 2014 in San Jose and New York. The Forum was attended by...

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The second Spanish challenge to the UPC system – will the CJEU follow the AG’s Opinion? - 27 November 2014

27 November 2014

Alan Johnson, Ignacio Gonzalez Royo

UPC 2 – 0 Spain (but it’s only halftime) Now that the Opinion of the Advocate General on the second Spanish challenge has been published, and is positive for proponents of the...

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The second Spanish challenge to the UPC system - the AG's Opinion - 19 November 2014

19 November 2014

Ignacio Gonzalez Royo, David George

On 18 November 2014, Advocate General Yves Bot gave his opinion on each of the cases brought in the CJEU by Spain to challenge the legality of Regulations 1257/12 and...

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17th draft Rules of Procedure now available - the highlights- 3 November 2014

03 November 2014

Alan Johnson

The UPC Preparatory Committee has now produced the long-awaited 17th draft Rules of Procedure here with an explanatory memorandum here.  The main changes are as follows: Bifurcation – following concerns expressed...

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Licences and Collaborations - Does the UPC have an impact? - 3 September 2014

30 September 2014

Sahar Shepperd

The focus on the UPC has predominantly been around the new Unitary patent and litigation, upon both of which we have commented and reported on a regular basis.  Here, we...

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Software, patents and interoperability - the UPC regime and UK implementation - 15 August 2014

15 August 2014

Amy Cullen

The UK IPO is currently consulting on its draft secondary legislation to implement the Unitary patent and UPC provisions into UK law.  One provision, Article 27(k) of the Agreement on...

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Unitary patents and the UKIPO opinion service - one step forwards, one step back? - 20 June 2014

20 June 2014

Claire Phipps-Jones

On 10 June 2014, the UK government published draft legislation (in the form of a Statutory Instrument to be made under the authority of the Intellectual Property Act 2014) to...

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Draft UK legislation to facilitate introduction of the UPC regime - 10 June 2014

10 June 2014

Alan Johnson

On 10 June 2014, the UK government published draft legislation to give effect to the UPC Agreement (UPCA) and EU legislation on the unitary patent.  The changes are intended to...

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16th draft UPC rules - the highlights - 6 March 2014

06 March 2014

Alan Johnson

The 16th draft rules are now available, taking into account the numerous comments on the 15th draft.  Here are the main points to note: Rule 5 (opt-out regime) has been significantly...

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Proposed amendment to the Brussels 1 Regulation

22 August 2013

Alan Johnson
Richard Pinckney

The entry into force of the UPC Agreement is contingent on the amendment of the Brussels 1 Regulation (recast)1, referred to in this Article simply as the Brussels 1 Regulation. ...

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The role of the saisie in the UPC - 20 August 2013

20 August 2013

Alan JohnsonAndrew BowlerAnne-Laure Bouzanquet

In France, some 80% of patent infringement actions begin with a saisie-contrefaçon – an ex parte procedure where the patentee obtains an order permitting a huissier (a bailiff) to enter...

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UPC draft rules - the big issues - 5 July 2013

05 July 2013

Alan Johnson

The 15thdraft Rules of Procedure were put out for public consultation at the end of last month with a deadline for responses of 1 October.  Here we consider the main...

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Could the CJEU kill the "for the life of the patent" UPC opt out regime? - 7 June 2013

07 June 2013

Alan JohnsonRichard Pinckney

We have raised in a previous article (here) the issue as to the jurisdictional confusion caused by the wording of transitional provisions of the Agreement on a Unified Patent Court...

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SPCs for Unitary Patents by Alan Johnson - 30 October 2013

30 March 2013

Alan Johnson

We understand from the Commission that the question of how SPCs are to be granted for unitary patents is now under active consideration:  the Commission is well aware of the...

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Will amendments to the Brussels I Regulation delay the start-up of the UPC? - 19 February 2013

19 February 2013

Richard Pinckney

The Agreement on a Unified Patent Court (the “UPC Agreement”) has now been signed by all contracting states with the exception of Poland and Spain who did not sign but...

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